Form I-9 for TPS workers: automatic EAD extensions, terminations and when to reverify
On this page
- How do you complete Form I-9 for a TPS worker?
- Which kinds of TPS extensions are there in 2026?
- What did H.R. 1 change for TPS work permits?
- Where does each TPS country stand as of November 9, 2026?
- What do you do when a designation ends or an EAD is invalidated?
- What should employers avoid with TPS workers?
- A TPS Form I-9 checklist
- Questions people ask
A worker with Temporary Protected Status (TPS) completes Form I-9 like any other employee and may present any acceptable documents, but most present a TPS-based Employment Authorization Document showing category A12 (TPS granted) or C19 (TPS applicant). The employer's job is to check whether an expired-looking A12 or C19 EAD has been automatically extended by a Federal Register notice or an individual USCIS notice, record "EAD EXT" with the new date, and reverify on Supplement B when the extension or the country's designation ends. As of November 9, 2026, USCIS lists El Salvador, Lebanon, Sudan and Ukraine as currently designated and shows the other designations it tracks, such as Haiti, Honduras and Venezuela, as terminated, so check the USCIS page for the country before every decision. Employees never have to prove their nationality.
TPS is the I-9 area where the facts change fastest. This page gives the method, which is stable, and a dated snapshot of the country list, which is not. For EAD extensions outside TPS, see EAD automatic extensions and Form I-9.
Not legal advice. This summarizes M-274 Section 5.3 (revised July 7, 2026), I-9 Central's TPS and DED page and the USCIS TPS page, as checked on November 9, 2026. TPS designations, terminations and court orders change often; the country page on uscis.gov is the source to follow.
How do you complete Form I-9 for a TPS worker?
- Let the employee choose the documents. TPS beneficiaries are authorized to work while they maintain TPS and are not required to have an EAD, but like everyone they must present acceptable documentation. They may present an unexpired EAD or any other List A, or List B and C, combination.
- Section 1. The employee checks "An alien authorized to work until" and enters their A-Number, which is printed on the EAD and on USCIS notices. For an EAD extended by a Federal Register notice or individual notice, the M-274 says to enter the TPS designation end date as the expiration date; otherwise, the date their authorization expires.
- Section 2. Under List A, enter "EAD", the issuing authority, the document number from the A12 or C19 EAD, and as the expiration date either the Card Expires date or, for an extended card, the automatic extension date given in the notice.
- Current employees with an extended card. Enter "EAD EXT" and the extension date in Additional Information, for example "EAD EXT mm/dd/yyyy", initialed and dated. If their original form is an edition that is no longer valid, make the entry on Section 2 of the current edition and keep it with the original.
- Initial applicants. A USCIS notice finding an initial applicant prima facie eligible for TPS is a List C document, presented with a List B document.
- E-Verify. Enter the expiration date exactly as it appears on Form I-9. USCIS's 2026 country updates say employers may download the alert and the country's EAD extension page and keep them with the form, along with any USCIS notice.
Which kinds of TPS extensions are there in 2026?
| Extension type | What the employee can show | What to check |
|---|---|---|
| Federal Register notice for the country | The A12 or C19 EAD with a Card Expires date the notice names; showing the notice itself is optional | The country's TPS page and the notice's own Form I-9 instructions |
| Individual USCIS notice, usually a Form I-797 | The A12 or C19 EAD plus the notice | The name and A-Number on the notice match the EAD |
| Renewal receipt filed before October 30, 2025 | The EAD plus a Form I-797C for a renewal in category A12 or C19 (the two codes need not match), filed during the country's re-registration period | The Received Date, and the H.R. 1 limit below |
| Renewal filed on or after October 30, 2025 | Nothing automatic, unless a notice provides an extension | DHS's final rule of October 14, 2026 keeps this, while preserving extensions by TPS notice |
What did H.R. 1 change for TPS work permits?
The 2025 budget law, Public Law 119-21, limits employment authorization for people granted TPS to one year or the duration of the TPS designation, whichever is shorter. USCIS's December 2025 announcement says the limit applies to EAD applications pending or filed on or after July 22, 2025. Its TPS page explains the effect on receipts, and it matters for employers because the printed notice can overstate the extension:
- A TPS renewal filed on or after July 22, 2025 and before October 30, 2025 extends the EAD for one year past its Card Expires date, or to the end of TPS if sooner.
- A renewal filed before July 22, 2025 and still pending may extend the EAD up to 540 days, but any part falling after July 22, 2025 cannot run more than one year past that date, or past the end of TPS.
- USCIS says the employee "cannot claim the full 540-day extension, even if it is listed on your Form I-797C notice." Recalculate the date rather than copying it from the receipt.
Where does each TPS country stand as of November 9, 2026?
This is a snapshot from the USCIS TPS pages and Form I-9 news on November 9, 2026. Confirm on the country page before acting.
| Country | What USCIS says | Form I-9 point |
|---|---|---|
| Lebanon | Designation automatically extended six months, through November 27, 2026 (91 FR 32069) | EADs with Card Expires May 27, 2026 are valid through November 27, 2026 |
| El Salvador | Designation listed through September 9, 2026; USCIS says an announcement will come "at the appropriate time" and that until then Salvadoran TPS holders retain protection, including work authorization | USCIS's last Form I-9 update (September 3, 2026) extended qualifying EADs, with a USCIS notice, through September 9, 2026 |
| Sudan and Ukraine | Designations listed through October 19, 2026, with the same "announcement at the appropriate time" alert | The September 3, 2026 updates extended qualifying EADs, with a USCIS notice, through October 19, 2026 |
| Haiti, Syria, Yemen, Burma, South Sudan, Somalia, Ethiopia | Terminated, effective between July 20 and August 18, 2026, after the Supreme Court's June 25, 2026 decision in Mullin v. Doe, which USCIS cites | For Ethiopia, USCIS says the A12 and C19 EADs are no longer valid and employers must reverify; check each country's page for its notice |
| Honduras, Nicaragua, Nepal | Terminated in 2025; a district court vacated the terminations in December 2025, and the Ninth Circuit stayed that order on February 9, 2026 | USCIS lists the designations as terminated |
| Venezuela | 2021 designation terminated effective November 7, 2025; 2023 designation terminated | Documents for the subset that stayed valid until October 2, 2026 are no longer valid |
| Afghanistan, Cameroon | Terminated in 2025; pages archived | No current TPS-based extension |
The El Salvador, Sudan and Ukraine rows are the hard case: the designation dates have passed, USCIS's alert says holders keep work authorization pending an announcement, and the last Form I-9 guidance stops at the old dates. Do not reverify or remove anyone on a guess in either direction. Ask I-9 Central (I-9Central@uscis.dhs.gov or 1-888-464-4218) and keep a note of the answer with the form.
What do you do when a designation ends or an EAD is invalidated?
- Confirm it on uscis.gov. Read the country page and the matching item in Form I-9 related news, which says what employers must do and from what date.
- Find the affected forms by document, not by person. Match the A12 or C19 category and the Card Expires dates USCIS lists for that country against your Form I-9 records. Do not ask employees where they are from.
- Reverify on Supplement B no later than the date the authorization ends. The employee chooses any unexpired List A or List C document; they may have another basis to work, such as a different EAD category or a Permanent Resident Card. The Supplement B steps are in I-9 reverification.
- Run E-Verify's Status Change Report if you participate. Since August 2026 it includes A12 and C19 EADs that DHS has invalidated after a termination. E-Verify's guidance on invalidated EADs says to reverify on Supplement B within a reasonable time, not to accept the invalidated EAD, and not to create a new case.
- Apply the outcome consistently. The M-274 says you cannot continue employing a person who does not provide proof of current employment authorization. Give everyone the same notice and the same time to respond, and document what happened.
Staffing agencies with many TPS workers on assignment should run this centrally, not branch by branch, and should not tell clients a worker "lost TPS". The agency is the employer for Form I-9; see E-Verify for staffing agencies and Form I-9 for staffing agencies.
What should employers avoid with TPS workers?
- Asking for proof of nationality. The M-274 says employers may not ask employees to prove they are nationals of a TPS-designated country.
- Reverifying early because of headlines. Reverification happens when the authorization or the document actually ends, on the date USCIS gives, not when a termination is announced.
- Rejecting a valid EAD because it will expire soon. The Form I-9 instructions say employers should not reject acceptable documentation because of a future expiration date.
- Demanding a specific replacement document. At reverification the employee chooses any List A or List C document; E-Verify's guidance says not to require the same type of document as before.
- Treating people differently. The form's anti-discrimination notice warns that treating employees differently based on citizenship, immigration status or national origin may be illegal. Questions go to the Justice Department's Immigrant and Employee Rights Section at 1-800-255-8155.
A TPS Form I-9 checklist
- List every Form I-9 that relies on an A12 or C19 EAD, with the Card Expires date and any "EAD EXT" date.
- Check the USCIS country page monthly, and the day before any extension date.
- Recalculate any extension from a pre-October 30, 2025 receipt under the H.R. 1 limit.
- Reverify on Supplement B by the end date; never create a new E-Verify case for it.
- Keep a copy of the USCIS alert or notice you relied on with the form.
- Same notice, same deadline and same document choice for every affected employee.
Questions people ask
Can I accept an expired TPS work permit for Form I-9?
Yes, if DHS automatically extended it and the extension is still in effect. Check that the EAD shows category A12 or C19 and a Card Expires date that the Federal Register notice or USCIS notice for that country covers, then record it with the extension date and "EAD EXT". If no current extension covers it, the employee needs other acceptable documentation.
Do TPS employees have to show the Federal Register notice to keep working?
No. USCIS says an employee may show the Federal Register notice for Form I-9 but is not required to when the extension comes from a notice. When the extension comes from an individual USCIS notice, the employee presents that notice with the EAD, and you check that the name and A-Number match the card.
Can an employer ask a TPS worker which country they are from?
Not as proof for Form I-9. USCIS's Handbook for Employers says employers may not ask employees to prove they are nationals of a country designated for TPS. Use the EAD's category code and Card Expires date against the dates USCIS lists for each country, and treat every employee the same way.
What happens to Form I-9 when a country's TPS designation is terminated?
After the termination takes effect, the TPS-based EADs for that country are no longer valid, and USCIS tells employers to reverify those employees on Supplement B. The employee may present any acceptable List A or List C document, and an employer cannot continue employing someone who provides no proof of current employment authorization. Do not act before the date USCIS gives.
Did the 2025 budget law shorten TPS work permits?
Yes. Public Law 119-21, known as H.R. 1, limits employment authorization for people granted TPS to one year or the duration of the TPS designation, whichever is shorter. USCIS applies it to EAD applications pending or filed on or after July 22, 2025, and it also caps some automatic extensions printed on older receipt notices.